DPP v Aleksi [2019] VCC 2101

Sentence summary: child sex offence

A father of two who sexually assaulted his girlfriend’s younger sister repeatedly was sentenced to youth detention.

Kristopher Aleski, 19, was sentenced to 18 months detention in a youth justice centre.

A jury found the offender guilty of four charges of sexual penetration of a child under 16, one charge of an indecent act with a child under 16 and one charge of sexual assault of a child under the age of 16.

The offending took place over eight months in the victim’s family home, where the offender had temporarily been living.

The Court heard the offender made the victim, aged 10 to 12 years old during the period of the offending, touch him sexually and that he placed his fingers inside her vagina on numerous occasions.

The presiding judge said the offending was of great concern.

"The offending is very serious, given the victim's young age, the age disparity, and what I have found to be the predatory nature of the offending," the judge said.

The offender had a difficult upbringing, marred by divorced parents and financial instability, the Court heard.

He also suffers from a learning disorder as well as Attention Deficit Hyper Disorder.

When considering the sentence, the presiding judge noted the offender had a high chance of rehabilitation due to young age, devotion to family and strong support.

The judge deemed youth detention was required rather than a community corrections order to better serve the offender’s rehabilitation.

"A disposition of this type provides a young offender, whose offence is serious enough to require punishment by custodial sentence, the opportunity to serve the sentence separated from older offenders who may have an unfavourable influence," the judge said.

"While at the same time providing appropriate rehabilitation and training."

The judge also accepted expert medical advice that suggested the offender was immature for his age and would be vulnerable to coercion by older, more experienced criminals in an adult prison.

The offender was placed on the Sex Offender’s Registry for life.

Note: Kristopher Aleski is a pseudonym.

This sentence is currently being appealed.

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Page last updated: 26 August 2020